Section 283(3)

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

06 September 2011 respected expert

as per section 283(3),a private company can add any additional grounds for the vacation of the director.
1.now my query is whether the company can add any additional grounds for the same ?.

2.for following the additional ground,they have to follow the procedure as mentioned in section 284 of the companies act 1956.?

3.is there any restrictions on the additional ground?

Saroja

Saroja (Expert)
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06 September 2011 Hi,
In my view,
1.Yes, Private company can Add any additional grounds against Sec 283 (3), but those specified in SEC 283 (1). the remaining will be applicable to All Companies.

2.They have to follow Both (AoA, 283) but Subsection only differ 283(3).

3.No restriction.Act is silent here.

Querist : Anonymous

Querist : Anonymous (Querist)

07 September 2011 Thanks for your valuable reply....

Suppose we add an additional ground in AOA of the company and not mentioning the procedure So it should be followed as per procedure mentioned in Sec 284 or we will follow in some other way?????

Please explain!!!!!!!!!!!!!!

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Saroja

Saroja (Expert)
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07 September 2011 u can add the additional Condition for the Vacation of Director means Sec 283 (1) but u can't add the procedure, That mean u can add the ground under Sec 283 (1) this provision said under Sec 283(3), k., the remaining will be same to all companies i mean the procedure is same only.,